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Madhya Pradesh High Court · body

2022 DIGILAW 20 (MP)

RAMKUMAR SINGH v. STATE OF MADHYA PRADESH

2022-01-05

VISHAL MISHRA

body2022
ORDER/JUDGMENT : – Shri Pramod Singh Tomar, learned counsel for the applicant. Shri Tapan Batre, learned panel lawyer for the respondent/State. This is the first bail application under section 439 of Cr.P.C filed by the applicant for grant of bail. 2. The applicant has been arrested on 9-11-2021 by Police Station Sanodha, District-Sagar in connection with Crime No. 311/2021 for the offence punishable under sections 376, 450 and 506 of the Indian Penal Code. 3. It is submitted that the applicant has falsely been implicated in the crime and he has not committed any offence in any manner. It is further pointed out that victim is aged about 40 years and she was in good terms with the present applicant. The F.S.L. report is received and the same is not supporting the case of prosecution. The charge-sheet has already been filed in the matter. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail. 4. Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that he is not in a possession of F.S.L. report but the same is being produced by the counsel for the applicant along with the charge-sheet. The F.S.L. report dated 30-11-2021 reflects as under : – 5. Considering the over all facts and circumstances of the case and the fact that F.S.L. report is not supporting the case of prosecution, without commenting upon the merits of the case, this court deem it appropriate to allow this bail application. It is directed that the applicant be released on bail on furnishing surety bond of Rs. 50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court. 6. This order will remain operative subject to compliance of the following conditions by the applicant : – 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled. 5. The applicant will not seek unnecessary adjournments during the trial; 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7 . If the applicant is found involved in any case except present one, his bail shall stand rejected without any reference to the court; 8. The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same. 7. Application stands allowed and stands disposed of. 8. Certified copy as per rules.